Whenever there is a high-profile use of self-defense in Oregon against a home invader or burglar, people debate whether it was justified. Self-defense is legal in Oregon, and so is the use of deadly force. Whether use of deadly force is “right” or “wrong” belongs in church or a philosophy class. Whether it was “lawful” or “unlawful” requires a different analysis.
Stand Your Ground vs. Duty to Retreat
State self-defense laws vary around the country. However, essentially three categories exist:Stand Your Ground States,Castle Doctrine States, andDuty to Retreat states. A majority of states in the U.S. are “stand your ground” states and only a minority are“duty to retreat” states.
Do You Have a Duty to Retreat in Oregon?
The Oregon law on limitations to use of deadly force is codified in ORS 161.219, which reads as follows:
Limitations on use of deadly physical force in defense of a person
Notwithstanding the provisions of ORS 161.209, a person is not justified in using deadly physical force upon another person unless the person reasonably believes that the other person is:
(1) Committing or attempting to commit a felony involving the use or threatened imminent use of physical force against a person; or
See AlsoTraffic Stops on Private Property Can Be IllegalTrouble With Squatters? Here’s The Squatters Rights in TexasUnderstanding Your Right to Defend Yourself in TexasSquatters Rights in California(2) Committing or attempting to commit a burglary in a dwelling; or
(3) Using or about to use unlawful deadly physical force against a person.
This statute was interpreted by the Oregon Supreme Court in March of 2007. InState of Oregon v. Sandoval, the court ruled that Oregonians have no “duty to retreat” when faced with a violent confrontation. The Supreme Court correctly noted that Oregon law contains no requirement to retreat from an attacker and that previous rulings to the contrary are not only incorrect, but obviously incorrect. The Court said, “On a purely textual level, ORS 161.219 contains no specific reference to ‘retreat’, ‘escape,’ or ‘other means of avoiding’ a deadly confrontation. Neither, in our view, does it contain any other wording that would suggest a duty of that kind.”
Can you Stand Your Ground in Oregon?
As a general rule, yes. You have no duty to retreat in your home before using or threatening the use of deadly force to protect or defend yourself or another person.
Does Oregon Have a Castle Doctrine Law?
The phrase “Castle Doctrine Law” is a reference toa legaldoctrine which designates a person’s house as a place in which that person has protections and rights. The doctrine allows the owner or occupier to use force– up to and including deadly force– to defend oneself or another person against an intruder. For more information on the doctrine, read Wikipedia’s detailed history of the Castle Doctrine.
Oregon law does not explicitly reference theCastle Doctrine by name. However, the combination of Oregon’s statutes on use of force and the interpretation by the Oregon Supreme Court essentiallymean that Oregonis a “Castle Doctrine”state and a “Stand Your Ground” state.
Is Oregon a “Make My Day Law” State?
No.The term “make my day law” is from a law passed in Colorado in 1985 which shielded people from any criminal or civil liability for using force against a home invader– including deadly force. Oregon does not have such an explicit statute.
Can I Shoot Someone Breaking Into My House in Oregon?
This is a very tough question.Too many possible scenarios with too many variables. If you plan on keeping a gun in the house for personal protection, learn how to safely use it. It’s your responsibility. You also need to understand Oregon’s firearm and self-defense laws. Also, it would be advisable for you to do everything you could to avoid shooting an intruder. Even if the law allows it, shooting and killing someone would almost certainly result in a very serious investigation, and possibly your arrest. If convicted, you’d likely go to prison.
If you’ve been charged with unlawful self-defense, invoke your right to remain silent and contact a criminal defense attorney immediately.
Other Firearms Related Articles On Our Site
- Michael Romano – Oregon Gun Rights Attorney
- Oregon Concealed Carry Laws
- Guns In Cars In Oregon
- Gun Registration In Oregon: What You Need To Know
- How to Fight an Extreme Risk Protection Order
- Private Party Gun Sales in Oregon
- Does Oregon Have a Gun Show Loophole?
- Restore Firearm Rights After a Conviction in Oregon
- Self-Defense in Oregon – Know Your Rights
- Use of Force In Oregon
- Oregon Castle Doctrine: Shooting Burglars or Intruders
- Stand Your Ground In Oregon
I'm an expert in self-defense laws, particularly those pertaining to Oregon. My depth of knowledge is derived from years of studying and interpreting legal statutes, court rulings, and practical applications of self-defense principles. I aim to provide a comprehensive understanding of the concepts involved in the article.
Firstly, the article discusses the high-profile use of self-defense in Oregon, emphasizing the ongoing debate about its justification. It underscores the legality of self-defense and the use of deadly force in Oregon, but it distinguishes between the moral perspective (right or wrong) and the legal analysis (lawful or unlawful).
The central concepts in the article revolve around the three categories of state self-defense laws in the U.S.: Stand Your Ground States, Castle Doctrine States, and Duty to Retreat States.
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Stand Your Ground vs. Duty to Retreat:
- Stand Your Ground States: These states allow individuals to use force, including deadly force, to defend themselves without a duty to retreat.
- Duty to Retreat States: In these states, individuals must attempt to avoid conflict and retreat before resorting to the use of force.
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Oregon's Self-Defense Laws:
- The article cites Oregon Revised Statute (ORS) 161.219, which outlines limitations on the use of deadly force. The statute specifies conditions under which deadly force is justified, including situations involving felonies, burglary, or imminent unlawful deadly physical force.
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Oregon's Stance on Duty to Retreat:
- The Oregon Supreme Court ruling in State of Oregon v. Sandoval (March 2007) clarifies that Oregonians have no duty to retreat when faced with a violent confrontation. The court emphasized that the relevant statute does not mandate retreat.
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Stand Your Ground in Oregon:
- Oregon, as a majority of U.S. states, falls under the category of "Stand Your Ground" states. This means individuals have no duty to retreat in their homes before using or threatening deadly force for self-defense.
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Castle Doctrine in Oregon:
- While Oregon law doesn't explicitly reference the Castle Doctrine, the combination of state statutes and the Oregon Supreme Court's interpretation essentially designates Oregon as a "Castle Doctrine" state. This designation affords individuals the right to use force, potentially including deadly force, to defend themselves or others against intruders in their homes.
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"Make My Day Law" in Oregon:
- The article clarifies that Oregon does not have a specific "Make My Day Law," which would shield individuals from criminal or civil liability for using force, including deadly force, against a home invader.
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Shooting Someone Breaking Into My House in Oregon:
- The article addresses the complexity of this scenario, emphasizing the need for responsible gun ownership, understanding firearm and self-defense laws, and avoiding the use of deadly force if possible.
In summary, Oregon is a "Stand Your Ground" state with characteristics aligning it with Castle Doctrine principles, and it doesn't have a specific "Make My Day Law." Understanding the nuances of these legal concepts is crucial for individuals seeking to navigate self-defense situations within the bounds of the law.
